The Israeli Supreme Court Rules Non-material Losses are Recoverable Under Montreal Convention - Air and Space Law View The Israeli Supreme Court Rules Non-material Losses are Recoverable Under Montreal Convention by - Air and Space Law The Israeli Supreme Court Rules Non-material Losses are Recoverable Under Montreal Convention 48 2

On June 2022, the Israeli Supreme Court ruled on the long-awaited question of whether pure psychological damage under Article 19 of the Montreal Convention, which is nonmaterial, constitutes ‘non-compensatory’ damage within the meaning of Article 29 of the Convention and therefore ‘shall not be recoverable’. The Supreme Court held that the term ‘damage’ under the Montreal Convention includes mental damages and that nonmaterial damage does not equal ‘non-compensatory’ damage. This ruling emphasizes a clear trend in which courts tend to compensate for non-monetary damages. It is uncertain how lower courts will assess mental conditions as medical reports are easy to obtain and treatments vary, and whether it will lead to an undesirable result of long and complex litigation.

Air and Space Law